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446 Subpart G—Smith River National Recreation Area

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446 Subpart G—Smith River National Recreation Area § 292.60 36 CFR Ch. II (7–1–11 Edition) combinations of outstanding eco- § 292.61 Definitions. systems, or the protection and en- The special terms used in this sub- hancement of the values for which a part have the following meaning: wild and scenic river was designated, Act means the Smith River National the livestock use shall be modified as Recreation Area Act of 1990 (16 U.S.C. necessary to eliminate or avoid the in- 460bbb et seq.). compatibility. In the event an incom- Authorized officer means the Forest patibility persists after the modifica- Service officer to whom authority has tion or modification is not feasible, the been delegated to take actions pursu- livestock use shall be terminated. ant to the provisions of this subpart. (c) Range improvements must be de- Hazardous material means any haz- signed and located to minimize their ardous substance, pollutant, contami- impact on scenic, cultural, fish and nant, hazardous waste, and oil or other wildlife, and other resources in the petroleum products, as those terms are HCNRA. defined under any Federal, State, or (d) The authorization of grazing use, local law or regulation. through a grazing permit, must provide Outstanding mineral rights means the for terms and conditions which protect rights owned by a party other than the and conserve riparian areas. surface owner at the time the surface was conveyed to the United States. Subpart G—Smith River National SRNRA is the abbreviation for the Smith River National Recreation Area, Recreation Area located within the Six Rivers National Forest, California. AUTHORITY: 16 U.S.C. 460bbb et seq. § 292.62 Valid existing rights. SOURCE: 63 FR 15059, Mar. 27, 1998, unless otherwise noted. (a) Definition. For the purposes of this subpart, valid existing rights are § 292.60 Purpose and scope. defined as follows: (a) Purpose. The regulations of this (1) For certain ‘‘Wild’’ River segments. subpart set forth the rules and proce- The rights associated with all mining dures by which the Forest Service reg- claims on National Forest System ulates mineral operations on National lands within the SRNRA in ‘‘wild’’ seg- Forest System lands within the Smith ments of the Wild and Scenic Smith River National Recreation Area as es- River, Middle Fork Smith River, North Fork Smith River, Siskiyou Fork tablished by Congress in the Smith Smith River, South Fork Smith River, River National Recreation Area Act of and their designated tributaries, except 1990 (16 U.S.C. 460bbb et seq.). Peridotite Creek, Harrington Creek, (b) Scope. The rules of this subpart and the lower 2.5 miles of Myrtle apply only to mineral operations on Creek, which: National Forest System lands within (i) Were properly located prior to the Smith River National Recreation January 19, 1981; Area. (ii) Were properly maintained there- (c) Applicability of other rules. The after under the applicable law; rules of this subpart supplement exist- (iii) Were supported by a discovery of ing Forest Service regulations con- a valuable mineral deposit within the cerning the review, approval, and ad- meaning of the United States mining ministration of mineral operations on laws prior to January 19, 1981, which National Forest System lands includ- discovery has been continuously main- ing, but not limited to, those set forth tained since that date; and at parts 228, 251, and 261 of this chapter. (iv) Continue to be valid. (d) Conflicts. In the event of conflict (2) For Siskiyou Wilderness. The rights or inconsistency between the rules of associated with all mining claims on this subpart and other parts of this National Forest System lands within chapter, the rules of this subpart take the SRNRA in the Siskiyou Wilderness precedence, to the extent allowable by except, those within the Gasquet-Orle- law. ans Corridor addition or those rights 446 VerDate Mar<15>2010 17:05 Aug 03, 2011 Jkt 223138 PO 00000 Frm 00456 Fmt 8010 Sfmt 8010 Q:\36\36V2.TXT ofr150 PsN: PC150 Forest Service, USDA § 292.63 covered by paragraph (a)(1) of this sec- uncovering or discovering a valuable tion which: mineral deposit. (i) Were properly located prior to September 26, 1984; LOCATABLE MINERALS (ii) Were properly maintained there- after under the applicable law; § 292.63 Plan of operations—supple- (iii) Were supported by a discovery of mentary requirements. a valuable mineral deposit within the (a) Applicability. In addition to the meaning of the United States mining activities for which a plan of oper- laws prior to September 26, 1984, which ations is required under § 228.4 of this discovery has been continuously main- chapter, a plan of operations is re- tained since that date; and quired when a proposed operation with- (iv) Continue to be valid. in the SRNRA involves mechanical or (3) For all other lands. The rights as- motorized equipment, including a suc- sociated with all mining claims on Na- tion dredge and/or sluice. tional Forest System lands in that por- (b) Information to support valid existing tion of the SRNRA not covered by rights. A proposed plan of operations paragraph (a)(1) or (a)(2) of this section within the SRNRA must include at which: least the following information on the (i) Were properly located prior to No- existence of valid existing rights: vember 16, 1990; (1) The mining claim recordation se- (ii) Were properly maintained there- rial number assigned by the Bureau of after under the applicable law; Land Management; (iii) Were supported by a discovery of (2) A copy of the original location no- a valuable mineral deposit within the tice and conveyance deeds, if ownership meaning of the United States mining has changed since the date of location; laws prior to November 16, 1990, which (3) A copy of affidavits of assessment discovery has been continuously main- work or notices of intention to hold tained since that date; and the mining claim since the date of rec- (iv) Continue to be valid. ordation with the Bureau of Land Man- (b) Operations to confirm discovery. agement; The authorized officer shall authorize (4) Verification by the Bureau of those mineral operations that may be Land Management that the holding or necessary for the purpose of gathering maintenance fees have been paid or information to confirm or otherwise have been exempted; demonstrate the discovery of a valu- able mineral deposit consistent with (5) Sketches or maps showing the lo- the definition in paragraph (a) of this cation of past and present mineral section or to obtain evidence for a con- workings on the claims and informa- test hearing regarding the claim’s va- tion sufficient to locate and define the lidity, upon receipt of a proposed plan mining claim corners and boundaries of operations as defined in § 292.63 of on the ground; this subpart to conduct such oper- (6) An identification of the valuable ations and of sufficient information mineral that has been discovered; from the operator to show an exposure (7) An identification of the site with- of valuable minerals on a claim that in the claims where the deposit has predates the withdrawal of the federal been discovered and exposed; land from the operation of the United (8) Information on the quantity and States mining laws. The authorized of- quality of the deposit including copies ficer shall authorize only those oper- of assays or test reports, the width, lo- ations that may be necessary to con- cations of veins, the size and extent of firm or demonstrate the discovery of a any deposit; and valuable mineral deposit prior to the (9) Existing evidence of past and date of withdrawal of the federal land present sales of the valuable mineral. on which the claim is situated. Pursu- (c) Minimum information on proposed ant to this paragraph, the authorized operations. In addition to the require- officer shall not authorize any oper- ments of paragraph (b) of this section, ations which would constitute a plan of operations must include the prospecting, exploration, or otherwise information required at §§ 228.4 (c)(1) 447 VerDate Mar<15>2010 17:05 Aug 03, 2011 Jkt 223138 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Q:\36\36V2.TXT ofr150 PsN: PC150.
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